Contribution to Book
Paracopyright: A Peculiar Right to Control AccessIntellectual Property at the Edge: The Contested Contours of IP (Cambridge University Press) (2014)
This Chapter analyzes the peculiar right to control access to copyrighted works, created by the U.S. Congress in the Digital Millennium Copyright Act of 1998 (DMCA). It argues that Congress, when it enacted the DMCA, had an overly-simplistic understanding of what it would mean to give copyright owners a right to control access to their copyrighted works. In fact, as the subsequent case law has revealed, the concept of “access” is far more complicated, nuanced, and problematic. Access itself can be taken to mean different things when referring to different types of works (e.g. literary works, movies, software, etc.). Moreover, the reasons for controlling access, and for trying to obtain access, do not always map cleanly onto copyright interests. Finally, the ubiquity, in the online world, of copyrighted works means that a broadly-understood right to control access to such works can potentially be leveraged into a more problematic right to control behavior online. For all of these reasons, the courts have begun to develop, and must continue to develop, a more nuanced and careful understanding of the DMCA’s peculiar right to control access, one tied more firmly to the copyright-related interests of the copyright owner.
EditorRochelle Cooper Dreyfuss and Jane C. Ginsburg
PublisherCambridge University Press
Citation InformationJoseph P. Liu. "Paracopyright: A Peculiar Right to Control Access" Cambridge, United KingdomIntellectual Property at the Edge: The Contested Contours of IP (Cambridge University Press) (2014)
Available at: http://works.bepress.com/joseph_liu/45/